Expanded citizen’s arrest powers are set to come into effect in New Zealand, but the New Zealand Security Association is warning that greater legal powers must be accompanied by appropriate training, procedures and careful assessment of risk.
The Crimes Amendment Bill passed its third reading in Parliament on 6 August, clearing the way for significant changes to New Zealand’s citizen’s arrest provisions as part of a wider package of Government measures targeting retail crime and violent offending.
Among the changes, the legislation expands existing citizen’s arrest provisions so that they can apply to any offence under the Crimes Act, removing restrictions that have historically limited when citizens can intervene in relation to some offences. It also clarifies the circumstances in which reasonable force and physical or mechanical restraints may be used when carrying out a lawful arrest.
The changes are likely to play out predominantly within the security and retail sectors, where security officers and frontline retail workers regularly encounter theft and aggressive behaviour.
Justice Minister Paul Goldsmith has pointed to the scale of retail offending as a key rationale for the Government’s reforms.
“The NZSA’s position is clear: citizen’s arrest should only be undertaken when it is lawful, necessary, proportionate and safe – and only by personnel with appropriate training.”
“The economic cost of retail crime in New Zealand is in the billions,” Mr Goldsmith said ahead of the Bill’s final reading. “Retailers and security guards face abuse and assault that no New Zealander should be subjected to.”
The legislation requires a person making a citizen’s arrest to contact Police and follow Police instructions. It also clarifies that restraints may be used where their use constitutes reasonable force, while changes to defence-of-property provisions clarify circumstances in which reasonable force may be employed.
The Bill forms part of a broader package that creates new offences relating to assaults on first responders and frontline corrections workers, introduces specific offences relating to so-called “coward punches”, establishes a shoplifting infringement regime, and strengthens provisions relating to human trafficking and people smuggling.
NZSA: power to arrest does not mean obligation to intervene
For the New Zealand Security Association (NZSA), however, the expansion of citizen’s arrest powers raises important questions about how the new provisions will operate in practice – particularly for security personnel who may be expected by employers or clients to exercise them.
The Association is cautioning businesses against interpreting the legislative changes as creating an expectation that security officers or retail employees should physically intervene whenever the legal threshold for a citizen’s arrest has been met.
“The NZSA’s position is clear: citizen’s arrest should only be undertaken when it is lawful, necessary, proportionate and safe – and only by personnel with appropriate training,” NZSA CEO Gary Morrison told NZSM.
“Citizen’s arrest must never be treated as a simple solution to retail crime. It requires sound judgement, proper training, clear procedures and a strong focus on safety.
“Detaining someone could quickly escalate, with the potential to cause injury to security personnel, retail workers, alleged offenders or members of the public.”
In other words, just because the expended legal powers will be available to individuals, it doesn’t necessarily make exercising them operationally appropriate.
“Businesses must carefully evaluate when intervention is appropriate and when alternative responses, including observation, evidence gathering and engagement with Police, may present a lower-risk option,” Mr Morrison said.
“Any decision to intervene must consider the seriousness of the incident, the risks involved, the capabilities of the personnel present and the safety of everyone at the scene.”
Training and procedures will be critical
The distinction is significant for security providers and their clients. Although the legislation establishes the legal boundaries within which an arrest may occur, individual businesses will still need to determine how those powers are reflected in post orders, standard operating procedures, risk assessments and training.
The issue also attracted substantial concern during the parliamentary process. The Justice Committee reported that 41 of 63 submissions addressing the citizen’s arrest provisions opposed them. Concerns raised included possible confrontation and escalation, risks to retail staff and alleged offenders, vigilantism, insufficient training and guidance, and potential tensions with employers’ obligations under the Health and Safety at Work Act. Labour opposed the citizen’s arrest changes.
Mr Morrison said increased capability needs to accompany the increased legal authority.
“Expanded powers must be matched by expanded capability,” he said.
“The NZSA is working with recognised training providers and industry stakeholders to develop practical training pathways and guidance for the security and retail sectors.
“Training, de-escalation and risk management will be critical to achieving safe outcomes for workers, businesses, alleged offenders and the wider public.”
The NZSA’s position also places considerable importance on employers and contracting organisations ensuring that frontline personnel understand not only their new powers but their limitations.
“The NZSA remains committed to working with government, industry and training providers to support safe, professional and responsible security practices across New Zealand,” Mr Morrison said.
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